Print
Senate File 2328 - IntroducedA Bill ForAn Act 1relating to criminal law including the disclosure of
2a defendant’s privileged records in a criminal action,
3permanent no-contact orders, penalties for domestic abuse
4assault, limitations on criminal actions involving certain
5sexual offenses, criminal sentencing and corrections, parole
6and work release, crime victim rights, discovery in criminal
7actions, postconviction relief procedure, and certain
8reporting requirements, and making penalties applicable.
9BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2COMMUNICATIONS IN PROFESSIONAL CONFIDENCE — Criminal actions
3 Section 1. Section 622.10, subsection 4, paragraph a,
4subparagraph (2), Code 2022, is amended by adding the following
5new subparagraph division:
6 NEW SUBPARAGRAPH DIVISION. (e) For purposes of this
7subsection, “exculpatory information” means only information
8that tends to negate the guilt of the defendant, and not
9information that is merely impeaching or is substantially
10cumulative in nature.
11DIVISION II
12Permanent no-contact orders — modification — reinstatement —
13conversion — appellate review
14 Sec. 2. Section 664A.5, Code 2022, is amended by striking
15the section and inserting in lieu thereof the following:
16664A.5 Modification — entry of permanent no-contact order.
171. If a defendant is convicted of, receives a deferred
18judgment for, or pleads guilty to a public offense referred to
19in section 664A.2, subsection 1, or is held in contempt for a
20violation of a no-contact order issued under section 664A.3
21or for a violation of a protective order issued pursuant to
22chapter 232, 235F, 236, 236A, 598, or 915, the court shall
23enter a permanent no-contact order which shall remain in effect
24until modified or dissolved under this section.
252. A permanent no-contact order entered under this section
26may be modified or dissolved upon application by the victim to
27the district court subject to all of the following:
28a. The application may be filed by the victim, a victim
29counselor as defined in section 915.20A, the victim’s attorney,
30or the prosecuting attorney.
31b. The prosecuting attorney shall be notified of the
32application if filed by the victim.
33c. The prosecuting attorney shall be given the opportunity
34to be heard at a hearing prior to the modification or
35dissolution of the no-contact order.
-1- 1d. If a hearing is held, the court shall do all of the
2following:
3(1) The victim may appear electronically, in person,
4or in writing, or through a victim counselor as defined in
5section 915.20A, through the victim’s attorney, or through the
6prosecuting attorney.
7(2) The victim shall not be subject to cross-examination
8by the defendant, but may be questioned by the prosecuting
9attorney under such conditions as the court may impose.
10(3) The defendant shall not have the right to appear in
11person, but the defendant may be compelled to appear by the
12court.
133. A permanent no-contact order entered under this section
14may be modified or dissolved upon application by the defendant
15to the district court subject to all of the following:
16a. The application must be verified.
17b. The application must be served upon the prosecuting
18attorney for the county in which the defendant principally
19resides.
20c. The application must be served upon the prosecuting
21attorney for any county in which the defendant has been
22convicted of an offense requiring entry of a no-contact order
23under this chapter.
24d. Prior to disposition of an application under this
25subsection, the prosecuting attorney must notify the victim,
26if the victim’s address is known, and afford the victim the
27opportunity to be heard.
28e. Five or more years have passed since the discharge of
29the sentence for the offense resulting in the issuance of the
30no-contact order, including any special sentence imposed under
31chapter 903B.
32f. The defendant is not incarcerated for any offense at the
33time the application is filed.
34g. The defendant has not been convicted of any new
35indictable offense since the imposition of the permanent
-2-1no-contact order.
24. Upon consideration of an application by the defendant to
3modify or dissolve a permanent no-contact order, the district
4court shall conduct an electronic or in-person hearing on the
5application and do all of the following:
6a. Consider any evidence offered by the parties, subject to
7limitations under this section and any additional limitations
8the court may impose.
9b. Provide the victim an opportunity to be heard in any of
10the following manners:
11(1) Electronically, in person, or in writing.
12(2) Personally, through a victim counselor as defined in
13section 915.20A, through the victim’s attorney, or through the
14prosecuting attorney.
15c. Prohibit the cross-examination of the victim by the
16defendant, but allow the prosecuting attorney to question the
17victim under such conditions as the court may impose.
185. The district court shall not modify or dissolve a
19permanent no-contact order unless the district court makes a
20written finding that the defendant no longer presents a danger
21to the victim and that the modification or dissolution is in
22the interest of justice.
23 Sec. 3. NEW SECTION. 664A.5A Reinstatement of expired
24no-contact orders.
251. Upon the filing of an application by the victim, a victim
26counselor as defined in section 915.20A, the victim’s attorney,
27or the prosecuting attorney, the court shall reinstate any
28permanent no-contact order that expired because it was not
29extended pursuant to section 664A.8, Code 2022.
302. A no-contact order issued prior to July 1, 2022, that
31is reinstated pursuant to this section shall be governed by
32section 664A.5.
333. An application to reinstate an expired no-contact
34order shall create a rebuttable presumption that the
35offender continues to present a danger to the victim and that
-3-1reinstating an expired no-contact order is in the interest of
2justice. The application shall not require a statement that
3the offender committed a recent overt act.
44. The court shall only deny an application to reinstate an
5expired no-contact order if the court makes written findings
6that the defendant no longer presents a danger to the victim
7and that denying the request is in the interest of justice.
8 Sec. 4. NEW SECTION. 664A.5B Conversion of existing
9no-contact orders.
101. A five-year no-contact order entered prior to July 1,
112022, that has not expired as of July 1, 2022, may be converted
12into a permanent no-contact order as if the order was entered
13after July 1, 2022, upon application by the victim, a victim
14counselor as defined in section 915.20A, the victim’s attorney,
15or the prosecuting attorney.
162. An application to convert a five-year no-contact order
17into a permanent no-contact order shall create a rebuttable
18presumption that the offender continues to present a danger
19to the victim and that converting the no-contact order is in
20the interest of justice. The application shall not require a
21statement that the offender committed a recent overt act.
223. The court shall only deny an application to convert a
23five-year no-contact order into a permanent no-contact order if
24the court makes written findings that the defendant no longer
25presents a danger to the victim and that denying the request
26is in the interest of justice.
27 Sec. 5. NEW SECTION. 664A.7A Appellate review.
281. The provisions of this chapter are the only means by
29which a party may seek to modify a no-contact order, including
30any challenge to the conversion of a five-year no-contact order
31into a permanent no-contact order.
322. Appellate review of court order granting or denying a
33modification or dissolution of a no-contact order, including
34proceedings related to conversion of a five-year no-contact
35order, shall be by writ of certiorari. Such an order is not
-4-1appealable as a matter of right.
2 Sec. 6. Section 708.2A, subsection 8, Code 2022, is amended
3to read as follows:
48. If a person is convicted for, receives a deferred
5judgment for, or pleads guilty to a violation of this section,
6the court shall modify the no-contact order issued upon initial
7appearance and enter a permanent no-contact order in the manner
8provided in section 664A.5, regardless of whether the person
9is placed on probation.
10 Sec. 7. LEGISLATIVE FINDINGS — REINSTATEMENT OF EXPIRED
11NO-CONTACT ORDERS. The general assembly finds and declares all
12of the following:
131. The procedure required to extend no-contact orders
14issued pursuant to chapter 664A prior to July 1, 2022, imposed
15unreasonable barriers for crime victims to ensure no-contact
16orders remained in place.
172. It is against the public policy of this state to deny a
18crime victim the protection of a no-contact order because the
19victim was unaware of the deadline to extend a no-contact order
20or was unable to navigate the complexities of the court system.
213. The law of this state in existence prior to July 1, 2022,
22does not provide an adequate remedy to safeguard crime victims
23from offenders who continue to present a danger to the victim
24after a no-contact order has expired.
254. A crime victim previously protected by an expired
26no-contact order should not have to wait for the offender to
27commit additional criminal acts to remain protected.
285. Reinstating expired no-contact orders pursuant to
29section 664A.5A, as enacted in this division of this Act,
30furthers the interest of justice and serves the compelling
31government interest of protecting crime victims from further
32harm by offenders whose guilt has already been adjudicated.
336. Reinstating expired no-contact orders pursuant to
34section 664A.5A, as enacted in this division of this Act,
35does not impose a new punishment on the offender, but instead
-5-1provides collateral relief and protection for the victim
2without requiring the victim to bear the cost of a separate
3court action.
4 Sec. 8. REPEAL. Section 664A.8, Code 2022, is repealed.
5DIVISION III
6domestic abuse assault Penalties
7 Sec. 9. Section 708.2A, subsection 6, paragraph a, Code
82022, is amended by striking the paragraph.
9DIVISION IV
10limitation of criminal actions involving certain sexual
11offenses
12 Sec. 10. Section 802.2B, Code 2022, is amended by adding the
13following new subsections:
14 NEW SUBSECTION. 5A. Continuous sexual abuse of a child in
15violation of section 709.23.
16 NEW SUBSECTION. 5B. Kidnapping in the first degree when the
17person kidnapped, and as a consequence of the kidnapping, is
18intentionally subjected to sexual abuse in violation of section
19710.2.
20 NEW SUBSECTION. 5C. Burglary in the first degree in
21violation of section 713.3, subsection 1, paragraph “d”.
22 Sec. 11. Section 802.2C, Code 2022, is amended to read as
23follows:
24802.2C Kidnapping.
25An information or indictment for kidnapping in the first,
26second, or third degree, except as provided in section 802.2B,
27 committed on or with a person who is under the age of eighteen
28years shall be found within ten years after the person upon
29whom the offense is committed attains eighteen years of age,
30or if the person against whom the information or indictment
31is sought is identified through the use of a DNA profile, an
32information or indictment shall be found within three years
33from the date the person is identified by the person’s DNA
34profile, whichever is later.
35DIVISION V
-6-1Criminal sentencing and corrections
2 Sec. 12. Section 901.4B, subsection 2, Code 2022, is amended
3to read as follows:
42. After hearing any statements presented pursuant to
5subsection 1, and before imposing sentence, the court shall
6address any victim of the crime who is physically present at
7the sentencing and shall allow do all of the following:
8a. Ask any victim or representative of the victim whether
9the victim has been informed by the prosecuting attorney or the
10prosecuting attorney’s designee of the status of the case and
11of the prosecuting attorney’s recommendation for sentencing.
12b. Allowany victim to be reasonably heard, including but
13not limited to by presenting a victim impact statement in the
14manner described in section 915.21.
15 Sec. 13. Section 901.8, Code 2022, is amended to read as
16follows:
17901.8 Consecutive sentences.
181. If a person is sentenced for two or more separate
19offenses, the sentencing judge may order the second or further
20sentence to begin at the expiration of the first or succeeding
21sentence.
222. If a person is sentenced for escape under section 719.4
23or for a crime committed while confined in a detention facility
24or penal institution, the sentencing judge shall order the
25sentence to begin at the expiration of any existing sentence.
26If the person is presently in the custody of the director
27of the Iowa department of corrections, the sentence shall be
28served at the facility or institution in which the person
29is already confined unless the person is transferred by the
30director.
313. If a person is sentenced for two or more separate
32offenses contained in section 902.12, subsection 1, and one or
33more of the convictions is for an offense under chapter 709
34or chapter 710, the sentencing judge shall require that the
35sentences be served consecutively.
-7- 14. Except as otherwise provided in section 903A.7, if
2consecutive sentences are specified in the order of commitment,
3the several terms shall be construed as one continuous term of
4imprisonment.
5 Sec. 14. Section 901.11, subsections 2, 3, 4, and 5, Code
62022, are amended to read as follows:
72. At the time of sentencing, the court shall determine
8when a person convicted of child endangerment as described in
9section 902.12, subsection 2 3, shall first become eligible
10for parole or work release within the parameters specified
11in section 902.12, subsection 2 3, based upon all pertinent
12information including the person’s criminal record, a validated
13risk assessment, and whether the offense involved multiple
14intentional acts or a series of intentional acts, or whether
15the offense involved torture or cruelty.
163. At the time of sentencing, the court shall determine when
17a person convicted of robbery in the first degree as described
18in section 902.12, subsection 3 4, shall first become eligible
19for parole or work release within the parameters specified
20in section 902.12, subsection 3 4, based upon all pertinent
21information including the person’s criminal record, a validated
22risk assessment, and the negative impact the offense has had
23on the victim or other persons.
244. At the time of sentencing, the court shall determine when
25a person convicted of robbery in the second degree as described
26in section 902.12, subsection 4 5, shall first become eligible
27for parole or work release within the parameters specified
28in section 902.12, subsection 4 5, based upon all pertinent
29information including the person’s criminal record, a validated
30risk assessment, and the negative impact the offense has had
31on the victim or other persons.
325. At the time of sentencing, the court shall determine when
33a person convicted of arson in the first degree as described
34in section 902.12, subsection 5 6, shall first become eligible
35for parole or work release within the parameters specified
-8-1in section 902.12, subsection 5 6, based upon all pertinent
2information including the person’s criminal record, a validated
3risk assessment, and the negative impact the offense has had
4on the victim or other persons.
5 Sec. 15. NEW SECTION. 902.9A Minimum sentence — certain
6felonies.
7The minimum sentence for any person convicted of a felony
8contained in section 902.12, and who did not receive a deferred
9judgment or a deferred or suspended sentence under chapter 907,
10shall be that prescribed by statute or, if not prescribed by
11statute, shall be determined as follows:
121. A class “B” felon shall be confined for no less than one
13year.
142. A class “C” felon shall be confined for no less than two
15months.
163. A class “D” felon shall be confined for no less than one
17month.
18 Sec. 16. Section 902.12, Code 2022, is amended to read as
19follows:
20902.12 Minimum sentence for certain felonies and misdemeanors
21 — eligibility for parole or work release.
221. A person serving a sentence for conviction of any of
23the following felonies that occur on or after July 1, 2022, if
24other than a class “A” felony, shall be denied parole or work
25release unless the person has served at least nine-tenths of
26the maximum term of the person’s sentence:
27a. Homicide or a related crime in violation of chapter 707.
28b. Assault in violation of chapter 708.
29c. Terrorism in violation of chapter 708A.
30d. Sexual abuse in violation of chapter 709.
31e. Kidnapping or related offenses in violation of chapter
32710.
33f. Human trafficking in violation of chapter 710A, except
34for a violation of section 710A.2A.
35g. Robbery, aggravated theft, or extortion in violation of
-9-1chapter 711.
2h. Arson in violation of chapter 712.
3i. Burglary in violation of chapter 713, except for a
4violation of section 713.7.
5j. Criminal gang participation or gang recruitment in
6violation of chapter 723A.
7k. Obscenity in violation of chapter 728.
81. 2. A person serving a sentence for conviction of any of
9 the following felonies, including a person serving a sentence
10for conviction of the following felonies that occur prior to
11July 1, 2003 2022, shall be denied parole or work release
12unless the person has served at least seven-tenths of the
13maximum term of the person’s sentence:
14a. Murder in the second degree in violation of section
15707.3.
16b. Attempted murder in violation of section 707.11, except
17as provided in section 707.11, subsection 5.
18c. Sexual abuse in the second degree in violation of section
19709.3.
20d. Kidnapping in the second degree in violation of section
21710.3.
22e. Robbery in the second degree in violation of section
23711.3, except as determined in subsection 4 5.
24f. Vehicular homicide in violation of section 707.6A,
25subsection 1 or 2, if the person was also convicted under
26section 321.261, subsection 4, based on the same facts or
27event that resulted in the conviction under section 707.6A,
28subsection 1 or 2.
292. 3. A person serving a sentence for a conviction of
30child endangerment as defined in section 726.6, subsection
311, paragraph “b”, that is described and punishable under
32section 726.6, subsection 5, shall be denied parole or work
33release until the person has served between three-tenths and
34seven-tenths of the maximum term of the person’s sentence as
35determined under section 901.11, subsection 2.
-10- 13. 4. A person serving a sentence for a conviction for
2robbery in the first degree in violation of section 711.2 for
3a conviction that occurs on or after July 1, 2018 prior to
4July 1, 2022, shall be denied parole or work release until
5the person has served between one-half and seven-tenths of
6the maximum term of the person’s sentence as determined under
7section 901.11, subsection 3.
84. 5. A person serving a sentence for a conviction for
9robbery in the second degree in violation of section 711.3
10for a conviction that occurs on or after July 1, 2016 prior
11to July 1, 2022, shall be denied parole or work release until
12the person has served between one-half and seven-tenths of
13the maximum term of the person’s sentence as determined under
14section 901.11, subsection 4.
155. 6. A person serving a sentence for a conviction for
16arson in the first degree in violation of section 712.2 that
17occurs on or after July 1, 2019 prior to July 1, 2022, shall
18be denied parole or work release until the person has served
19between one-half and seven-tenths of the maximum term of
20the person’s sentence as determined under section 901.11,
21subsection 5.
22 Sec. 17. NEW SECTION. 903.1A Minimum sentence — certain
23misdemeanors.
24The minimum sentence for any person convicted of a
25misdemeanor contained in section 902.12 and who did not receive
26a deferred judgment or a deferred or suspended sentence under
27chapter 907, shall be that prescribed by statute or, if not
28prescribed by statute, shall be determined as follows:
291. A person convicted of an aggravated misdemeanor shall be
30confined for no less than fourteen days.
312. A person convicted of a serious misdemeanor shall be
32confined for no less than seven days.
333. A person convicted of a simple misdemeanor shall be
34confined for no less than two days.
35 Sec. 18. Section 903A.2, subsection 1, paragraph c, Code
-11-12022, is amended to read as follows:
2c. Category “C” sentences are those sentences for attempted
3murder described in section 707.11, subsection 5, and sentences
4for the offenses described in section 902.12, subsection 1.
5Notwithstanding paragraphs paragraph “a” or “b”, an inmate
6serving a category “C” sentence is ineligible for a reduction
7of sentence under this section.
8DIVISION VI
9parole and work release
10 Sec. 19. Section 906.4, subsection 1, Code 2022, is amended
11to read as follows:
121. A parole or work release shall be ordered only for
13the best interest of society, any victim of the person, and
14the offender person, not as an award of clemency. The board
15shall release on parole or work release any person whom it
16has the power to so release, only when in its opinion there
17is reasonable a significant probability that the person can
18be released without detriment to the community, any victim
19of the person, or to the person. A person’s release is not
20a detriment to the community, any victim of the person,
21 or the person if the person is able and willing to fulfill
22the obligations of a law-abiding citizen, in the board’s
23determination.
24 Sec. 20. Section 906.5, subsection 1, paragraph a, Code
252022, is amended to read as follows:
26a. The board shall establish and implement a plan by which
27the board systematically reviews the status of each person who
28has been committed to the custody of the director of the Iowa
29department of corrections and considers the person’s prospects
30for parole or work release. The board shall, at least annually
31shall but no more frequently than every six months, review
32the status of a person other than a class “A” felon, a class
33“B” felon serving a sentence of more than twenty-five years,
34or a felon serving an offense punishable under section 902.9,
35subsection 1, paragraph “a”, or a felon serving a mandatory
-12-1minimum sentence other than a class “A” felon, and provide
2the person with notice of the board’s parole or work release
3decision.
4 Sec. 21. Section 906.5, subsection 1, Code 2022, is amended
5by adding the following new paragraph:
6 NEW PARAGRAPH. c. The board shall require that all parole
7hearings be recorded and maintained as public records under
8chapter 22 for a minimum of three years from the date of the
9hearing or the most recent release of an inmate on parole.
10 Sec. 22. Section 906.5, subsection 2, Code 2022, is amended
11to read as follows:
122. It is the intent of the general assembly that the board
13shall implement a plan of early release in an effort to assist
14in controlling the prison population and assuring prison
15space for the confinement of offenders whose release would be
16detrimental to the citizens of this state to ensure that parole
17or work release is only ordered when in the best interest of
18society, any victim of the person, and the person. The board
19shall report to the legislative services agency on a monthly
20basis concerning the implementation of this plan and the number
21of inmates paroled pursuant to this plan and the average length
22of stay of those paroled.
23DIVISION VII
24Crime victims — rights
25 Sec. 23. Section 915.11, subsection 1, Code 2022, is amended
26to read as follows:
271. a. A local police department or county sheriff’s
28department shall advise a victim of the right to
29register with the county attorney, and shall provide a
30request-for-registration form to each victim. A local police
31department or county sheriff’s department shall provide a
32telephone number and internet site to each victim to register
33with the automated victim notification system established
34pursuant to section 915.10A.
35b. A local police department or county sheriff’s department
-13-1shall provide a victim with a pamphlet explaining the victim’s
2rights as a victim of a public offense or delinquent act.
3 Sec. 24. Section 915.20, Code 2022, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 1A. A local police department or county
6sheriff’s department shall provide to the crime victim
7assistance division of the department of justice with the
8contact information for a victim of a public offense or
9delinquent act. A victim counselor shall contact a victim to
10determine whether the victim is in need of further assistance
11from the victim counselor or whether the victim has any
12questions regarding the person’s rights as a victim.
13 Sec. 25. Section 915.38, Code 2022, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 3A. a. It is the public policy of the
16state that statements made by children to forensic interviewers
17at child advocacy centers and child protection centers are
18presumptively reliable and should be admitted into evidence in
19the courts.
20b. Notwithstanding any other provision of law, the court
21shall upon motion of a party admit a recorded statement of a
22child as defined in section 702.5, if all of the following
23apply:
24(1) The recorded statement describes conduct that violates
25chapter 709 or describes circumstances relevant to such
26conduct.
27(2) The recorded statement was obtained by a forensic
28interviewer employed by an accredited child advocacy center or
29child protection center.
30(3) The interview was conducted substantially in accordance
31with a nationally recognized protocol for interviewing
32children.
33(4) The recorded statement is offered in a criminal
34proceeding, the opposing party was given at least ten days’
35notice prior to the trial commencing of the intention to admit
-14-1the recorded statement, and any of the following apply:
2(a) The child testifies at trial.
3(b) The child has been questioned by the defendant or the
4defendant’s attorney at a deposition or at any substantially
5similar setting.
6(c) The child is unavailable as a witness as provided in
7rule of evidence 5.804(a).
8(d) The court finds by a preponderance of the evidence that
9the child would suffer significant emotional or psychological
10trauma from testifying in the personal presence of the
11defendant at the time of the criminal proceeding.
12c. A court may deny the admission of a recorded statement
13under this section only if the party opposing the admission
14proves by clear and convincing evidence that the recorded
15statement is unreliable.
16d. Portions of a recorded interview admitted pursuant to
17this section may be redacted under the following circumstances:
18(1) By agreement of the parties.
19(2) By order of the court, if the court finds by a
20preponderance of the evidence that redaction is necessary to
21either:
22(a) Minimize embarrassment or trauma to the child.
23(b) Effectuate a provision of the rules of evidence other
24than the rules against hearsay.
25 Sec. 26. NEW SECTION. 915.44A Limitation of evidence in
26sexual abuse cases.
27A defendant charged with a criminal offense for sexual
28abuse under chapter 709 or who has filed an application for
29postconviction relief upon conviction for a sexual offense
30under chapter 709 shall be precluded from questioning any
31victim regarding evidence which is inadmissible under rule
32of evidence 5.412. Prohibited evidence includes all of the
33following:
341. Reputation or opinion evidence of a victim offered to
35prove that a victim engaged in other sexual behavior.
-15- 12. Evidence of a victim’s other sexual behavior other than
2reputation or opinion evidence.
3 Sec. 27. COMMISSION ON CONTINUING LEGAL EDUCATION —
4CONTINUING LEGAL EDUCATION REQUIREMENTS. The commission on
5continuing legal education shall amend Iowa court rule 42.2 to
6require all attorneys licensed in this state complete a minimum
7of one hour, annually, of continuing legal education that
8focuses on crime victims and how to improve a crime victim’s
9experience within the criminal justice system.
10DIVISION VIII
11Discovery
12 Sec. 28. NEW SECTION. 821A.1 Subpoenas in criminal actions.
131. A criminal defendant or counsel acting on the defendant’s
14behalf shall not issue any subpoena for documents or other
15evidence except upon application to the court. Such an
16application shall not be granted unless a defendant proves by a
17preponderance of the evidence all of the following:
18a. The evidence is material and necessary to prepare a
19defense.
20b. The defendant has made reasonable efforts to obtain the
21evidence without invoking compulsory process.
22c. The evidence is not available from any other source.
23d. For evidence that is obtainable by the state only through
24the execution of a search warrant, the defendant must show
25probable cause that the information sought contains exculpatory
26information that is not available from any other source and
27that there is a compelling need for the evidence to enable the
28defendant to present a defense at trial.
292. This section is the exclusive mechanism for a criminal
30defendant or counsel acting on the defendant’s behalf to issue
31a subpoena for documents or other evidence.
323. An application made pursuant to this section shall not
33be filed ex parte.
344. This section shall not apply to a subpoena issued solely
35to secure the presence of a witness listed in the minutes of
-16-1testimony at deposition or to secure the presence of a witness
2listed in either the minutes of testimony or in the defendant’s
3witness list at a hearing or trial.
45. The prosecuting attorney shall not be required to execute
5or effectuate any order or subpoena issued pursuant to this
6section.
76. If any documents or evidence are obtained pursuant to
8this section, the criminal defendant or counsel acting on the
9defendant’s behalf must notify the prosecuting attorney within
10twenty-four hours of obtaining the documents or evidence. The
11documents or evidence received, or copies of the same, must be
12provided to the prosecuting attorney as soon as possible.
137. Evidence or documents obtained by a subpoena that does
14not comply with this section shall not be admissible in any
15criminal action if offered by the defendant.
168. Any person who knowingly issues a subpoena that does not
17comply with this section may be declared in contempt of court.
189. Nothing in this section shall eliminate or reduce a
19criminal defendant’s obligation to comply with section 622.10,
20subsection 4, when seeking privileged records.
2110. Any provision of law or rule of court promulgated by the
22supreme court that is inconsistent with this section shall have
23no legal effect.
24 Sec. 29. NEW SECTION. 821A.2 Discovery depositions in
25criminal actions — witness lists.
261. Discovery depositions shall not be permitted in any
27criminal action, except upon application to the court and a
28showing of exceptional circumstances.
292. A criminal defendant must file a witness list when the
30defendant requests or receives any discretionary discovery, the
31date when any deposition is taken, or ten days before trial,
32whichever date is earliest. If the defendant fails to timely
33list a witness, the court shall prohibit the witness from
34testifying at trial absent good cause shown for the defendant’s
35failure to timely list the witness.
-17-1DIVISION IX
2Postconviction relief and discovery procedure
3 Sec. 30. Section 822.7, Code 2022, is amended to read as
4follows:
5822.7 Court to hear application.
6The application shall be heard in, and before any judge
7of the court in which the conviction or sentence took place.
8However, if the applicant is seeking relief under section
9822.2, subsection 1, paragraph “f”, the application shall be
10heard in, and before any judge of the court of the county
11in which the applicant is being confined. A record of the
12proceedings shall be made and preserved. All rules and
13statutes applicable in civil proceedings including pretrial
14and discovery procedures are available to the parties, subject
15to the restrictions contained in section 822.7A. The court
16may receive proof of affidavits, depositions, oral testimony,
17or other evidence, and may order the applicant brought before
18it for the hearing. If the court finds in favor of the
19applicant, it shall enter an appropriate order with respect to
20the conviction or sentence in the former proceedings, and any
21supplementary orders as to rearraignment, retrial, custody,
22bail, discharge, correction of sentence, or other matters that
23may be necessary and proper. The court shall make specific
24findings of fact, and state expressly its conclusions of law,
25relating to each issue presented. This order is a final
26judgment.
27 Sec. 31. NEW SECTION. 822.7A Postconviction relief —
28discovery.
29This chapter is intended to provide a limited scope of
30discovery that is no broader than what is afforded to a
31defendant in a criminal action. Notwithstanding any other
32statute, rule, or law, the following limitations on discovery
33and procedure shall apply to a claim for postconviction relief
34under this chapter.
351. An applicant may conduct discovery only by order of the
-18-1court to be granted upon a showing that the information sought
2is reasonably calculated to lead to the discovery of admissible
3evidence to support or defeat a claim that is adequately
4pled in the application and, if taken as true, constitutes a
5colorable claim for relief.
62. An applicant shall not be permitted to depose or
7otherwise conduct discovery upon the victim, as defined in
8section 915.10, of the underlying public offense, unless the
9applicant proves all of the following by clear and convincing
10evidence:
11a. The evidence is necessary to prove the applicant
12is innocent of the underlying public offense and all
13lesser-included offenses.
14b. The information is not available from any other source.
15c. Contact with a victim is minimized by limitations on
16the method of discovery including in camera review, remote
17testimony, or allowing a victim to provide a written statement
18in lieu of testimony.
193. The attorney-client privilege contained in section
20622.10 shall be absolute, except that the filing of an
21application shall waive any privilege an applicant may claim
22regarding an attorney who represented the applicant in the
23underlying criminal action or any previous postconviction
24action.
254. Evidence that would be excluded in a criminal action
26pursuant to rule of evidence 5.412 shall not be discoverable or
27admissible in a postconviction action.
285. The state shall not be required to produce copies of
29discovery that was previously disclosed to an applicant in the
30underlying criminal action or a previous postconviction relief
31action or which the applicant was in possession of in the
32underlying criminal action or a previous postconviction action.
336. The state shall not be required to produce any discovery
34contained in a court file accessible to the applicant.
357. The state shall not be required to produce any discovery
-19-1that cannot be lawfully disseminated or that is otherwise
2confidential by law.
38. An applicant shall not be permitted to conduct discovery
4or seek the appointment of an expert witness through ex parte
5communication or in camera review.
6DIVISION X
7Required reports to the general assembly
8 Sec. 32. NEW SECTION. 602.6204 Reporting requirement.
9Each district judge shall submit to the governor and to the
10general assembly, not later than December 15 each year, an
11annual report which shall include all of the following:
121. The number of deferred judgments, deferred sentences,
13and suspended sentences the court entered, including the
14criminal offenses involved, during the previous year.
152. The number of defendants who received deferred
16judgments, deferred sentences, and suspended sentences during
17the previous year.
183. The number of cases where the court pronounced judgment
19and imposed sentence after a defendant failed to comply with
20the conditions set by the court for a deferred judgment or
21deferred sentence.
224. The number of cases where the court revoked a suspended
23sentence after a defendant failed to comply with conditions set
24by the court.
255. The types of violations by a defendant of the conditions
26imposed by the court that resulted in the court pronouncing
27judgment and imposing sentence or revoking a suspended sentence
28of a defendant. The report shall include information on
29whether the violations were technical violations, due to the
30commission of a new crime, or due to any other reason.
31 Sec. 33. NEW SECTION. 904.103A Recidivism — annual report.
321. The department, in cooperation with the board of parole,
33shall submit to the governor and to the general assembly, not
34later than December 15 each year, an annual report detailing
35the recidivism rate in the state specifically for the violent
-20-1and sexual criminal offenses contained in section 902.12.
22. The report shall include, at a minimum, all of the
3following:
4a. The rate of recidivism, including the percentage and
5number of offenders who committed another crime within three
6years of being released from the custody of the department.
7b. The percentage and number of offenders paroled or placed
8on probation who violate the conditions of the offender’s
9release and are reincarcerated including information regarding
10offenders who were returned for technical violations, and those
11who were returned for the commission of a new crime.
12c. Whether there were victims involved in the crimes
13committed while an offender was paroled or on probation,
14and whether any of the victims were previous victims of the
15offender.
16d. The types of offenses that caused the offender to be
17returned to the custody of the department.
18e. The type of release that preceded the offender’s return
19to the custody of the department.
20f. The number of hearings the board of parole held before
21the release of an offender who subsequently violated the
22conditions of release and who was subsequently returned to the
23custody of the department.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to criminal law, including the disclosure
28of a defendant’s privileged records in a criminal action,
29permanent no-contact orders, penalties for domestic abuse
30assault, limitations on criminal actions involving certain
31sexual offenses, criminal sentencing and corrections, parole
32and work release, crime victim rights, discovery in criminal
33actions, postconviction relief procedure, and certain reporting
34requirements, and makes penalties applicable.
35DIVISION I — COMMUNICATIONS IN PROFESSIONAL CONFIDENCE —
-21-1CRIMINAL ACTIONS. The bill defines “exculpatory information”
2for purposes of a defendant seeking access to privileged
3records in a criminal action to mean only information that
4tends to negate the guilt of the defendant and not information
5that is merely impeaching or is substantially cumulative in
6nature.
7DIVISION II — PERMANENT NO-CONTACT ORDERS — MODIFICATION
8— REINSTATEMENT — CONVERSION — APPELLATE REVIEW. Current
9law under Code section 664A.5 provides that if a defendant
10is convicted of, receives a deferred judgment for, or pleads
11guilty to Code section 708.2A (domestic abuse assault), 708.7
12(harassment), 708.11 (stalking), 709.2 (sexual abuse in the
13first degree), 709.3 (sexual abuse in the second degree), or
14709.4 (sexual abuse in the third degree), the court shall
15either terminate or modify the temporary no-contact order
16issued by the magistrate. The court may enter a no-contact
17order or continue the no-contact order already in effect for
18a period of five years from the date the judgment is entered
19or the deferred judgment is granted, regardless of whether the
20defendant is placed on probation.
21The bill provides that a permanent no-contact order issued
22for the offenses listed in Code chapter 664A.5 may be modified
23or dissolved upon application by the victim to the district
24court subject to all of the following: the application may be
25filed by the victim, a victim counselor, the victim’s attorney,
26or the prosecuting attorney; the prosecuting attorney shall
27be notified of the application if filed by the victim; and
28the prosecuting attorney shall be given the opportunity to be
29heard at a hearing prior to the modification or dissolution
30of the no-contact order. If a hearing is held, the victim
31may appear electronically, in person, in writing, through a
32victim counselor, through the victim’s attorney, or through
33the prosecuting attorney; the victim shall not be subject to
34cross-examination by the defendant but may be questioned by the
35prosecuting attorney under such conditions as the court may
-22-1impose; and the defendant shall not have the right to appear
2in person but may be compelled to appear by the court when
3appropriate.
4The bill provides that a permanent no-contact order entered
5by the court may be modified or dissolved upon application by
6the defendant to the district court if all of the following
7apply: the application is verified; the application is
8served upon the prosecuting attorney for the county in which
9the defendant principally resides; the application is served
10upon the prosecuting attorney in any county in which the
11defendant has been convicted of an offense requiring entry of
12a no-contact order; prior to disposition of an application,
13the prosecuting attorney notifies the victim, if the victim’s
14address is known, and provides the victim the opportunity to
15be heard; five or more years have passed since the discharge
16of the sentence for the offense resulting in the issuance
17of the no-contact order including any special sentence; the
18defendant is not incarcerated for any offense at the time the
19application is filed; and the defendant has not been convicted
20of any new indictable offense since the imposition of the
21permanent no-contact order. The bill provides the procedure
22for a court considering an application by the defendant to
23modify or dissolve a permanent no-contact order. A district
24court shall not modify or dissolve a permanent no-contact order
25unless the district court makes a written finding that the
26defendant no longer presents a danger to the victim and that
27the modification or dissolution is in the interest of justice.
28The bill provides that upon the filing of an application by
29the victim, a victim counselor, the victim’s attorney, or the
30prosecuting attorney, the court shall reinstate any permanent
31no-contact order that expired because it was not extended
32pursuant to Code section 664A.8, Code 2022. A no-contact order
33issued prior to July 1, 2022, that is reinstated under the
34bill shall by governed by Code section 664A.5 as modified in
35the bill. The court shall presume that the offender continues
-23-1to present a danger to the victim and that reinstating an
2expired no-contact order is in the interest of justice. The
3court shall only deny an application to reinstate an expired
4no-contact order if the district court makes written findings
5that the defendant no longer presents a danger to the victim
6and that denying the request is in the interest of justice.
7The bill provides that a five-year no-contact order entered
8prior to July 1, 2022, that has not expired as of July 1, 2022,
9may be converted into a permanent no-contact order as if the
10order was entered after July 1, 2022, upon application by the
11victim, a victim counselor, the victim’s attorney, or the
12prosecuting attorney.
13The bill provides that the provisions of Code chapter
14664A are the only means by which a party may seek to modify
15a no-contact order. Appellate review of an order granting
16or denying a modification or dissolution of a no-contact
17order shall be by writ of certiorari and such an order is not
18appealable as a matter of right.
19The bill makes certain legislative findings relating to the
20reinstatement of expired no-contact orders.
21The bill repeals Code section 664A.8 (extension of
22no-contact order).
23DIVISION III — DOMESTIC ABUSE ASSAULT PENALTIES. The bill
24eliminates current law that provides that a conviction for,
25deferred judgment for, or plea of guilty to, a violation of
26Code section 708.2A (domestic abuse assault) which occurred
27more than 12 years prior to the date of the violation charged
28shall not be considered in determining that the violation
29charged is a second or subsequent offense.
30DIVISION IV — LIMITATION OF CRIMINAL ACTIONS INVOLVING
31CERTAIN SEXUAL OFFENSES. The bill adds the following offenses
32to the list of offenses committed on or with a person under
33the age of 18 that may be commenced at any time: continuous
34sexual abuse of a child in violation of Code section 709.23;
35kidnapping in the first degree when the person kidnapped, and
-24-1as a consequence of the kidnapping, is intentionally subjected
2to sexual abuse in violation of Code section 710.2; and
3burglary in the first degree involving the performance of a sex
4act in violation of Code section 713.3(1)(d).
5DIVISION V — CRIMINAL SENTENCING AND CORRECTIONS. The
6bill provides that prior to imposing sentence, the court shall
7ask any victim physically present at the sentencing whether
8the victim or a representative of the victim has been informed
9by the prosecuting attorney or a designee of the prosecuting
10attorney of the status of the case and of the prosecuting
11attorney’s recommendation for sentencing.
12The bill provides that if a person is sentenced for two or
13more separate offenses contained in Code section 902.12(1)
14(minimum sentences for certain felony and misdemeanor
15offenses), and one or more of the convictions is for an offense
16under Code chapter 709 (sexual abuse) or 710 (kidnapping and
17related offenses), the sentencing judge shall require that the
18sentences be served consecutively.
19The bill provides minimum sentences for any person convicted
20of a felony contained in Code section 902.12, and who did
21not receive a deferred judgment or a deferred or suspended
22sentence, if not otherwise prescribed by another statute, as
23follows: a person convicted of a class “B” felony shall be
24confined for no less than one year; a person convicted of a
25class “C” felony shall be confined for no less than two months;
26and a person convicted of a class “D” felony shall be confined
27for no less than one month.
28Current law requires that a person shall be denied parole or
29work release unless the person has served at least seven-tenths
30of the maximum term of the person’s sentence for the most
31serious felonies. The bill provides that a person convicted
32of certain felonies on or after July 1, 2023, except for a
33violation classified as a class “A” felony, shall be denied
34parole or work release unless the person has served at least
35nine-tenths of the maximum term of the person’s sentence.
-25-1Felonies requiring a person to serve nine-tenths of the
2maximum term of the person’s sentence include homicide or a
3related crime (Code chapter 707); assault (Code chapter 708);
4terrorism (Code chapter 708A); sexual abuse (Code chapter 709);
5kidnapping and related offenses (Code chapter 710); human
6trafficking except for a violation of Code section 710A.2A
7(Code chapter 710A); robbery, aggravated theft, or extortion
8(Code chapter 711); arson (Code chapter 712); burglary, except
9for a violation of Code section 713.7 (Code chapter 713);
10criminal gang participation or gang recruitment (Code chapter
11723A); and obscenity (Code chapter 728).
12The bill provides that the minimum sentence for any person
13convicted of a misdemeanor contained in Code section 902.12,
14and who did not receive a deferred judgment or a deferred or
15suspended sentence, if not otherwise prescribed by another
16statute, shall be as follows: a person convicted of an
17aggravated misdemeanor shall be confined for no less than 14
18days, a person convicted of a serious misdemeanor shall be
19confined for no less than 7 days, and a person convicted of a
20simple misdemeanor shall be confined for no less than 2 days.
21The bill provides that for earned time purposes, sentences
22for attempted murder described in Code section 707.11(5)
23(attempt to commit murder of a peace officer), and sentences
24for any of the offenses described in Code section 902.12(1)
25(minimum sentences for certain felonies), shall be classified
26as category “C” sentences. An inmate serving a category “C”
27sentence is ineligible for a reduction of sentence under Code
28section 903A.2.
29DIVISION VI — PAROLE AND WORK RELEASE. Current law provides
30that parole or work release shall be ordered by the board of
31parole only for the best interest of society and the offender,
32and only when there is a reasonable probability that the person
33can be released without detriment to the community or the
34person. The bill requires that any parole or work release
35must be in the best interest of society, of any victim of the
-26-1person, and the person, and only when the board of parole
2determines there is a significant probability that the person
3can be released without detriment to any victim of the person.
4The bill provides that the board of parole shall, at least
5annually but no more frequently than every 6 months, review
6the status of a person other than a class “A” felon, a class
7“B” felon serving a sentence of more than 25 years, a felon
8serving an offense punishable under Code section 902.9(1)(a)
9(conspiracy to manufacture for delivery or delivery or intent
10or conspiracy to deliver amphetamine or methamphetamine to a
11minor), or a felon serving a mandatory minimum sentence other
12than a class “A” felon, and shall provide the person with
13notice of the board’s parole or work release decision.
14The bill provides that the board of parole shall require
15that all parole hearings be recorded and maintained as a public
16record under Code chapter 22 for a minimum of three years from
17the date of the hearing or the most recent release of an inmate
18on parole.
19The bill provides that it is the intent of the general
20assembly that the board of parole shall implement a plan of
21early release to ensure that parole or work release is only
22ordered when it is in the best interest of society, any victim
23of the person, and the person.
24DIVISION VII — CRIME VICTIMS — RIGHTS. The bill provides
25that a local police department or county sheriff’s department
26shall provide a victim with a pamphlet explaining the victim’s
27rights as a victim of a public offense or delinquent act.
28The bill requires that a local police department or county
29sheriff’s department shall provide to the crime victim
30assistance division of the department of justice contact
31information for a victim of a public offense or delinquent act.
32A victim counselor shall contact a victim to determine whether
33the victim is in need of further assistance from the victim
34counselor or whether the victim has any questions regarding the
35person’s rights as a victim.
-27- 1The bill provides that it is the public policy of the state
2that statements made by children to forensic interviewers
3at child advocacy centers and child protection centers are
4presumptively reliable and should be admitted into evidence
5in the courts. Notwithstanding any other provision of law,
6a court shall admit a recorded statement into evidence upon
7motion by a party if the statement is made by a child under
8the age of 14 years; the recorded statement describes conduct
9that violates Code chapter 709 (sexual abuse); the recorded
10statement was obtained by a forensic interviewer employed by an
11accredited child advocacy center or child protection center;
12the interview was conducted substantially in accordance with a
13nationally recognized protocol for interviewing children; and
14if the recorded statement is offered in a criminal proceeding,
15the opposing party was given at least 10 days’ notice of
16the intention to admit the recorded statement and the child
17testifies at trial or the child has been questioned by the
18defendant or the defendant’s attorney at a deposition or any
19substantially similar setting, the child is unavailable, and
20the court finds by a preponderance of the evidence that the
21child would suffer significant emotional or psychological
22trauma from testifying in the personal presence of the
23defendant at the time of the criminal proceeding.
24The bill provides that a court may deny admission of a
25recorded statement only if the party opposing admission proves
26by clear and convincing evidence that the recorded statement is
27unreliable. Portions of a recorded statement may be redacted
28by agreement of the parties, by order of the court, or if the
29court finds by a preponderance of the evidence that redaction
30is necessary to either minimize embarrassment or trauma to the
31child or to effectuate a provision of the rules of evidence
32other than the rules against hearsay.
33The bill provides that a defendant charged with a criminal
34offense for sexual abuse or who has filed an application for
35postconviction relief after conviction for sexual abuse shall
-28-1be precluded from questioning any victim regarding evidence
2which is inadmissible under Iowa rule of evidence 5.412
3(victim’s past sexual behavior in sexual abuse cases). Such
4prohibited evidence includes reputation or opinion evidence of
5a victim offered to prove that a victim engaged in other sexual
6behavior and evidence of a victim’s other sexual behavior other
7than reputation or opinion evidence.
8The bill directs the commission on continuing legal
9education to amend Iowa court rule 42.2 (continuing legal
10education requirements for licensed attorneys) to require that
11all attorneys licensed in this state complete a minimum of one
12hour, annually, of continuing legal education that focuses on
13crime victims and how to improve a crime victim’s experience
14within the criminal justice system.
15DIVISION VIII — DISCOVERY. The bill provides that a
16criminal defendant or counsel acting on the defendant’s
17behalf shall not issue any subpoena for documents or other
18evidence except upon application to the court. Such an
19application shall not be granted unless a defendant proves by
20a preponderance of the evidence all of the following: the
21evidence is material and necessary to prepare a defense; the
22defendant has made reasonable efforts to obtain the evidence
23without invoking compulsory process; the evidence is not
24available from any other source; and for evidence that is
25obtainable by the state only through the execution of a search
26warrant, the defendant must show probable cause that the
27information sought contains exculpatory information that is not
28available from any other source and that there is a compelling
29need for the evidence to enable the defendant to present a
30defense at trial. The bill shall not apply to a subpoena
31issued solely to secure the presence of a witness listed in the
32minutes of testimony at deposition or to secure the presence
33of a witness listed in either the minutes of testimony or
34in the defendant’s witness list at a hearing or trial. If
35any documents or evidence are obtained pursuant to the bill,
-29-1the criminal defendant or counsel acting on the defendant’s
2behalf must notify the prosecuting attorney within 24 hours of
3obtaining the documents or evidence. The documents or evidence
4received, or copies, must be provided to the prosecuting
5attorney as soon as possible. Evidence or documents obtained
6by a subpoena that do not comply with the bill shall not be
7admissible in any criminal action if offered by the defendant.
8The bill shall not eliminate or reduce a criminal defendant’s
9obligation to comply with Code section 622.10(4) (disclosure of
10privileged records in a criminal action to a defendant) when
11seeking privileged records.
12The bill provides that discovery depositions shall not
13be permitted in any criminal action, except upon application
14to the court and a showing of exceptional circumstances. A
15criminal defendant must file a witness list when the defendant
16requests or receives any discretionary discovery, the date when
17any deposition is taken, or 10 days before trial, whichever
18date is earliest. If the defendant fails to timely list a
19witness, the court shall prohibit the witness from testifying
20at trial absent good cause shown for the defendant’s failure to
21timely list the witness.
22DIVISION IX — POSTCONVICTION RELIEF AND DISCOVERY
23PROCEDURE. The bill provides that all rules and statutes
24applicable in civil proceedings are available to the parties
25in a postconviction relief action subject to the restrictions
26contained in new Code section 822.7A in the bill.
27The bill provides that Code chapter 822 (postconviction
28relief procedure) is intended to provide a limited scope
29of discovery that is no broader than what is afforded to a
30defendant in a criminal action. The following limitations
31on discovery and procedure shall apply to any postconviction
32relief action under Code chapter 822: an applicant may conduct
33discovery only by order of the court to be granted upon a
34showing that the information sought is reasonably calculated
35to lead to the discovery of admissible evidence to support
-30-1or defeat a claim that is adequately pled in the application
2and, if taken as true, makes a colorable claim for relief; an
3applicant shall not be permitted to depose or otherwise conduct
4discovery involving a victim unless the applicant proves that
5the evidence is necessary to prove the applicant is innocent of
6the underlying public offense and all lesser-included offenses,
7the information is not available from any other source, and
8contact with a victim is minimized by limitations on the method
9of discovery; the confidential communication privilege shall
10be absolute, except that the filing of an application waives
11any privilege the applicant may claim regarding an attorney who
12represented the applicant in the underlying criminal action or
13any previous postconviction application; evidence that would
14be excluded in a criminal action pursuant to Iowa rule of
15evidence 5.412 shall not be discoverable or admissible in a
16postconviction relief action; the state shall not be required
17to produce copies of discovery that was previously disclosed to
18an applicant in the underlying criminal action or a previous
19postconviction relief action or which was possessed by the
20applicant in the underlying criminal action or a previous
21postconviction relief action; the state shall not be required
22to produce any discovery contained in a court file accessible
23to the applicant; the state shall not be required to produce
24any discovery that cannot lawfully be disseminated or that is
25otherwise made confidential by law; and an applicant shall not
26be permitted to conduct discovery or seek the appointment of
27an expert witness through ex parte communication or in camera
28review.
29DIVISION X — REQUIRED REPORTS TO THE GENERAL ASSEMBLY.
30 The bill provides that each district judge shall submit to
31the governor and to the general assembly, not later than
32December 15 each year, an annual report which includes all of
33the following: the number of deferred judgments, deferred
34sentences, and suspended sentences the court entered, including
35the criminal offenses involved, during the previous year; the
-31-1number of defendants who received deferred judgments, deferred
2sentences, and suspended sentences during the previous year;
3the number of cases where the court pronounced judgment and
4imposed sentence after a defendant failed to comply with
5the conditions set by the court for a deferred judgment or
6deferred sentence; the number of cases where the court revoked
7a suspended sentence after a defendant failed to comply with
8conditions set by the court; and the types of violations by a
9defendant of the conditions imposed by the court that resulted
10in the court pronouncing judgment and imposing sentence or
11revoking a suspended sentence. Included in the report shall
12be whether the violations were technical violations, the
13commission of a new crime, or any other reason.
14The bill provides that the department of corrections, in
15cooperation with the board of parole, shall submit to the
16governor and to the general assembly, not later than December
1715 each year, an annual report detailing the recidivism rate
18in the state for the violent and sexual criminal offenses
19contained in Code section 902.12. The report shall include,
20at a minimum, the rate of recidivism within three years of an
21offender being released from the custody of the department;
22the percentage and number of offenders paroled or placed
23on probation who violate the conditions of release and are
24reincarcerated; whether there were victims involved in the
25crimes committed while an offender was paroled or on probation,
26and whether any of the victims were previous victims of the
27offender; the types of offenses that caused the offender to be
28returned to the custody of the department; the type of release
29that preceded the offender’s return to the custody of the
30department; and the number of hearings the board of parole held
31before the release of an offender who subsequently violated the
32conditions of release and was then returned to the custody of
33the department.
-32-as/rh
2a defendant’s privileged records in a criminal action,
3permanent no-contact orders, penalties for domestic abuse
4assault, limitations on criminal actions involving certain
5sexual offenses, criminal sentencing and corrections, parole
6and work release, crime victim rights, discovery in criminal
7actions, postconviction relief procedure, and certain
8reporting requirements, and making penalties applicable.
9BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2COMMUNICATIONS IN PROFESSIONAL CONFIDENCE — Criminal actions
3 Section 1. Section 622.10, subsection 4, paragraph a,
4subparagraph (2), Code 2022, is amended by adding the following
5new subparagraph division:
6 NEW SUBPARAGRAPH DIVISION. (e) For purposes of this
7subsection, “exculpatory information” means only information
8that tends to negate the guilt of the defendant, and not
9information that is merely impeaching or is substantially
10cumulative in nature.
11DIVISION II
12Permanent no-contact orders — modification — reinstatement —
13conversion — appellate review
14 Sec. 2. Section 664A.5, Code 2022, is amended by striking
15the section and inserting in lieu thereof the following:
16664A.5 Modification — entry of permanent no-contact order.
171. If a defendant is convicted of, receives a deferred
18judgment for, or pleads guilty to a public offense referred to
19in section 664A.2, subsection 1, or is held in contempt for a
20violation of a no-contact order issued under section 664A.3
21or for a violation of a protective order issued pursuant to
22chapter 232, 235F, 236, 236A, 598, or 915, the court shall
23enter a permanent no-contact order which shall remain in effect
24until modified or dissolved under this section.
252. A permanent no-contact order entered under this section
26may be modified or dissolved upon application by the victim to
27the district court subject to all of the following:
28a. The application may be filed by the victim, a victim
29counselor as defined in section 915.20A, the victim’s attorney,
30or the prosecuting attorney.
31b. The prosecuting attorney shall be notified of the
32application if filed by the victim.
33c. The prosecuting attorney shall be given the opportunity
34to be heard at a hearing prior to the modification or
35dissolution of the no-contact order.
-1- 1d. If a hearing is held, the court shall do all of the
2following:
3(1) The victim may appear electronically, in person,
4or in writing, or through a victim counselor as defined in
5section 915.20A, through the victim’s attorney, or through the
6prosecuting attorney.
7(2) The victim shall not be subject to cross-examination
8by the defendant, but may be questioned by the prosecuting
9attorney under such conditions as the court may impose.
10(3) The defendant shall not have the right to appear in
11person, but the defendant may be compelled to appear by the
12court.
133. A permanent no-contact order entered under this section
14may be modified or dissolved upon application by the defendant
15to the district court subject to all of the following:
16a. The application must be verified.
17b. The application must be served upon the prosecuting
18attorney for the county in which the defendant principally
19resides.
20c. The application must be served upon the prosecuting
21attorney for any county in which the defendant has been
22convicted of an offense requiring entry of a no-contact order
23under this chapter.
24d. Prior to disposition of an application under this
25subsection, the prosecuting attorney must notify the victim,
26if the victim’s address is known, and afford the victim the
27opportunity to be heard.
28e. Five or more years have passed since the discharge of
29the sentence for the offense resulting in the issuance of the
30no-contact order, including any special sentence imposed under
31chapter 903B.
32f. The defendant is not incarcerated for any offense at the
33time the application is filed.
34g. The defendant has not been convicted of any new
35indictable offense since the imposition of the permanent
-2-1no-contact order.
24. Upon consideration of an application by the defendant to
3modify or dissolve a permanent no-contact order, the district
4court shall conduct an electronic or in-person hearing on the
5application and do all of the following:
6a. Consider any evidence offered by the parties, subject to
7limitations under this section and any additional limitations
8the court may impose.
9b. Provide the victim an opportunity to be heard in any of
10the following manners:
11(1) Electronically, in person, or in writing.
12(2) Personally, through a victim counselor as defined in
13section 915.20A, through the victim’s attorney, or through the
14prosecuting attorney.
15c. Prohibit the cross-examination of the victim by the
16defendant, but allow the prosecuting attorney to question the
17victim under such conditions as the court may impose.
185. The district court shall not modify or dissolve a
19permanent no-contact order unless the district court makes a
20written finding that the defendant no longer presents a danger
21to the victim and that the modification or dissolution is in
22the interest of justice.
23 Sec. 3. NEW SECTION. 664A.5A Reinstatement of expired
24no-contact orders.
251. Upon the filing of an application by the victim, a victim
26counselor as defined in section 915.20A, the victim’s attorney,
27or the prosecuting attorney, the court shall reinstate any
28permanent no-contact order that expired because it was not
29extended pursuant to section 664A.8, Code 2022.
302. A no-contact order issued prior to July 1, 2022, that
31is reinstated pursuant to this section shall be governed by
32section 664A.5.
333. An application to reinstate an expired no-contact
34order shall create a rebuttable presumption that the
35offender continues to present a danger to the victim and that
-3-1reinstating an expired no-contact order is in the interest of
2justice. The application shall not require a statement that
3the offender committed a recent overt act.
44. The court shall only deny an application to reinstate an
5expired no-contact order if the court makes written findings
6that the defendant no longer presents a danger to the victim
7and that denying the request is in the interest of justice.
8 Sec. 4. NEW SECTION. 664A.5B Conversion of existing
9no-contact orders.
101. A five-year no-contact order entered prior to July 1,
112022, that has not expired as of July 1, 2022, may be converted
12into a permanent no-contact order as if the order was entered
13after July 1, 2022, upon application by the victim, a victim
14counselor as defined in section 915.20A, the victim’s attorney,
15or the prosecuting attorney.
162. An application to convert a five-year no-contact order
17into a permanent no-contact order shall create a rebuttable
18presumption that the offender continues to present a danger
19to the victim and that converting the no-contact order is in
20the interest of justice. The application shall not require a
21statement that the offender committed a recent overt act.
223. The court shall only deny an application to convert a
23five-year no-contact order into a permanent no-contact order if
24the court makes written findings that the defendant no longer
25presents a danger to the victim and that denying the request
26is in the interest of justice.
27 Sec. 5. NEW SECTION. 664A.7A Appellate review.
281. The provisions of this chapter are the only means by
29which a party may seek to modify a no-contact order, including
30any challenge to the conversion of a five-year no-contact order
31into a permanent no-contact order.
322. Appellate review of court order granting or denying a
33modification or dissolution of a no-contact order, including
34proceedings related to conversion of a five-year no-contact
35order, shall be by writ of certiorari. Such an order is not
-4-1appealable as a matter of right.
2 Sec. 6. Section 708.2A, subsection 8, Code 2022, is amended
3to read as follows:
48. If a person is convicted for, receives a deferred
5judgment for, or pleads guilty to a violation of this section,
6the court shall modify the no-contact order issued upon initial
7appearance and enter a permanent no-contact order in the manner
8provided in section 664A.5, regardless of whether the person
9is placed on probation.
10 Sec. 7. LEGISLATIVE FINDINGS — REINSTATEMENT OF EXPIRED
11NO-CONTACT ORDERS. The general assembly finds and declares all
12of the following:
131. The procedure required to extend no-contact orders
14issued pursuant to chapter 664A prior to July 1, 2022, imposed
15unreasonable barriers for crime victims to ensure no-contact
16orders remained in place.
172. It is against the public policy of this state to deny a
18crime victim the protection of a no-contact order because the
19victim was unaware of the deadline to extend a no-contact order
20or was unable to navigate the complexities of the court system.
213. The law of this state in existence prior to July 1, 2022,
22does not provide an adequate remedy to safeguard crime victims
23from offenders who continue to present a danger to the victim
24after a no-contact order has expired.
254. A crime victim previously protected by an expired
26no-contact order should not have to wait for the offender to
27commit additional criminal acts to remain protected.
285. Reinstating expired no-contact orders pursuant to
29section 664A.5A, as enacted in this division of this Act,
30furthers the interest of justice and serves the compelling
31government interest of protecting crime victims from further
32harm by offenders whose guilt has already been adjudicated.
336. Reinstating expired no-contact orders pursuant to
34section 664A.5A, as enacted in this division of this Act,
35does not impose a new punishment on the offender, but instead
-5-1provides collateral relief and protection for the victim
2without requiring the victim to bear the cost of a separate
3court action.
4 Sec. 8. REPEAL. Section 664A.8, Code 2022, is repealed.
5DIVISION III
6domestic abuse assault Penalties
7 Sec. 9. Section 708.2A, subsection 6, paragraph a, Code
82022, is amended by striking the paragraph.
9DIVISION IV
10limitation of criminal actions involving certain sexual
11offenses
12 Sec. 10. Section 802.2B, Code 2022, is amended by adding the
13following new subsections:
14 NEW SUBSECTION. 5A. Continuous sexual abuse of a child in
15violation of section 709.23.
16 NEW SUBSECTION. 5B. Kidnapping in the first degree when the
17person kidnapped, and as a consequence of the kidnapping, is
18intentionally subjected to sexual abuse in violation of section
19710.2.
20 NEW SUBSECTION. 5C. Burglary in the first degree in
21violation of section 713.3, subsection 1, paragraph “d”.
22 Sec. 11. Section 802.2C, Code 2022, is amended to read as
23follows:
24802.2C Kidnapping.
25An information or indictment for kidnapping in the first,
26second, or third degree, except as provided in section 802.2B,
27 committed on or with a person who is under the age of eighteen
28years shall be found within ten years after the person upon
29whom the offense is committed attains eighteen years of age,
30or if the person against whom the information or indictment
31is sought is identified through the use of a DNA profile, an
32information or indictment shall be found within three years
33from the date the person is identified by the person’s DNA
34profile, whichever is later.
35DIVISION V
-6-1Criminal sentencing and corrections
2 Sec. 12. Section 901.4B, subsection 2, Code 2022, is amended
3to read as follows:
42. After hearing any statements presented pursuant to
5subsection 1, and before imposing sentence, the court shall
6address any victim of the crime who is physically present at
7the sentencing and shall allow do all of the following:
8a. Ask any victim or representative of the victim whether
9the victim has been informed by the prosecuting attorney or the
10prosecuting attorney’s designee of the status of the case and
11of the prosecuting attorney’s recommendation for sentencing.
12b. Allowany victim to be reasonably heard, including but
13not limited to by presenting a victim impact statement in the
14manner described in section 915.21.
15 Sec. 13. Section 901.8, Code 2022, is amended to read as
16follows:
17901.8 Consecutive sentences.
181. If a person is sentenced for two or more separate
19offenses, the sentencing judge may order the second or further
20sentence to begin at the expiration of the first or succeeding
21sentence.
222. If a person is sentenced for escape under section 719.4
23or for a crime committed while confined in a detention facility
24or penal institution, the sentencing judge shall order the
25sentence to begin at the expiration of any existing sentence.
26If the person is presently in the custody of the director
27of the Iowa department of corrections, the sentence shall be
28served at the facility or institution in which the person
29is already confined unless the person is transferred by the
30director.
313. If a person is sentenced for two or more separate
32offenses contained in section 902.12, subsection 1, and one or
33more of the convictions is for an offense under chapter 709
34or chapter 710, the sentencing judge shall require that the
35sentences be served consecutively.
-7- 14. Except as otherwise provided in section 903A.7, if
2consecutive sentences are specified in the order of commitment,
3the several terms shall be construed as one continuous term of
4imprisonment.
5 Sec. 14. Section 901.11, subsections 2, 3, 4, and 5, Code
62022, are amended to read as follows:
72. At the time of sentencing, the court shall determine
8when a person convicted of child endangerment as described in
9section 902.12, subsection 2 3, shall first become eligible
10for parole or work release within the parameters specified
11in section 902.12, subsection 2 3, based upon all pertinent
12information including the person’s criminal record, a validated
13risk assessment, and whether the offense involved multiple
14intentional acts or a series of intentional acts, or whether
15the offense involved torture or cruelty.
163. At the time of sentencing, the court shall determine when
17a person convicted of robbery in the first degree as described
18in section 902.12, subsection 3 4, shall first become eligible
19for parole or work release within the parameters specified
20in section 902.12, subsection 3 4, based upon all pertinent
21information including the person’s criminal record, a validated
22risk assessment, and the negative impact the offense has had
23on the victim or other persons.
244. At the time of sentencing, the court shall determine when
25a person convicted of robbery in the second degree as described
26in section 902.12, subsection 4 5, shall first become eligible
27for parole or work release within the parameters specified
28in section 902.12, subsection 4 5, based upon all pertinent
29information including the person’s criminal record, a validated
30risk assessment, and the negative impact the offense has had
31on the victim or other persons.
325. At the time of sentencing, the court shall determine when
33a person convicted of arson in the first degree as described
34in section 902.12, subsection 5 6, shall first become eligible
35for parole or work release within the parameters specified
-8-1in section 902.12, subsection 5 6, based upon all pertinent
2information including the person’s criminal record, a validated
3risk assessment, and the negative impact the offense has had
4on the victim or other persons.
5 Sec. 15. NEW SECTION. 902.9A Minimum sentence — certain
6felonies.
7The minimum sentence for any person convicted of a felony
8contained in section 902.12, and who did not receive a deferred
9judgment or a deferred or suspended sentence under chapter 907,
10shall be that prescribed by statute or, if not prescribed by
11statute, shall be determined as follows:
121. A class “B” felon shall be confined for no less than one
13year.
142. A class “C” felon shall be confined for no less than two
15months.
163. A class “D” felon shall be confined for no less than one
17month.
18 Sec. 16. Section 902.12, Code 2022, is amended to read as
19follows:
20902.12 Minimum sentence for certain felonies and misdemeanors
21 — eligibility for parole or work release.
221. A person serving a sentence for conviction of any of
23the following felonies that occur on or after July 1, 2022, if
24other than a class “A” felony, shall be denied parole or work
25release unless the person has served at least nine-tenths of
26the maximum term of the person’s sentence:
27a. Homicide or a related crime in violation of chapter 707.
28b. Assault in violation of chapter 708.
29c. Terrorism in violation of chapter 708A.
30d. Sexual abuse in violation of chapter 709.
31e. Kidnapping or related offenses in violation of chapter
32710.
33f. Human trafficking in violation of chapter 710A, except
34for a violation of section 710A.2A.
35g. Robbery, aggravated theft, or extortion in violation of
-9-1chapter 711.
2h. Arson in violation of chapter 712.
3i. Burglary in violation of chapter 713, except for a
4violation of section 713.7.
5j. Criminal gang participation or gang recruitment in
6violation of chapter 723A.
7k. Obscenity in violation of chapter 728.
81. 2. A person serving a sentence for conviction of any of
9 the following felonies, including a person serving a sentence
10for conviction of the following felonies that occur prior to
11July 1, 2003 2022, shall be denied parole or work release
12unless the person has served at least seven-tenths of the
13maximum term of the person’s sentence:
14a. Murder in the second degree in violation of section
15707.3.
16b. Attempted murder in violation of section 707.11, except
17as provided in section 707.11, subsection 5.
18c. Sexual abuse in the second degree in violation of section
19709.3.
20d. Kidnapping in the second degree in violation of section
21710.3.
22e. Robbery in the second degree in violation of section
23711.3, except as determined in subsection 4 5.
24f. Vehicular homicide in violation of section 707.6A,
25subsection 1 or 2, if the person was also convicted under
26section 321.261, subsection 4, based on the same facts or
27event that resulted in the conviction under section 707.6A,
28subsection 1 or 2.
292. 3. A person serving a sentence for a conviction of
30child endangerment as defined in section 726.6, subsection
311, paragraph “b”, that is described and punishable under
32section 726.6, subsection 5, shall be denied parole or work
33release until the person has served between three-tenths and
34seven-tenths of the maximum term of the person’s sentence as
35determined under section 901.11, subsection 2.
-10- 13. 4. A person serving a sentence for a conviction for
2robbery in the first degree in violation of section 711.2 for
3a conviction that occurs on or after July 1, 2018 prior to
4July 1, 2022, shall be denied parole or work release until
5the person has served between one-half and seven-tenths of
6the maximum term of the person’s sentence as determined under
7section 901.11, subsection 3.
84. 5. A person serving a sentence for a conviction for
9robbery in the second degree in violation of section 711.3
10for a conviction that occurs on or after July 1, 2016 prior
11to July 1, 2022, shall be denied parole or work release until
12the person has served between one-half and seven-tenths of
13the maximum term of the person’s sentence as determined under
14section 901.11, subsection 4.
155. 6. A person serving a sentence for a conviction for
16arson in the first degree in violation of section 712.2 that
17occurs on or after July 1, 2019 prior to July 1, 2022, shall
18be denied parole or work release until the person has served
19between one-half and seven-tenths of the maximum term of
20the person’s sentence as determined under section 901.11,
21subsection 5.
22 Sec. 17. NEW SECTION. 903.1A Minimum sentence — certain
23misdemeanors.
24The minimum sentence for any person convicted of a
25misdemeanor contained in section 902.12 and who did not receive
26a deferred judgment or a deferred or suspended sentence under
27chapter 907, shall be that prescribed by statute or, if not
28prescribed by statute, shall be determined as follows:
291. A person convicted of an aggravated misdemeanor shall be
30confined for no less than fourteen days.
312. A person convicted of a serious misdemeanor shall be
32confined for no less than seven days.
333. A person convicted of a simple misdemeanor shall be
34confined for no less than two days.
35 Sec. 18. Section 903A.2, subsection 1, paragraph c, Code
-11-12022, is amended to read as follows:
2c. Category “C” sentences are those sentences for attempted
3murder described in section 707.11, subsection 5, and sentences
4for the offenses described in section 902.12, subsection 1.
5Notwithstanding paragraphs paragraph “a” or “b”, an inmate
6serving a category “C” sentence is ineligible for a reduction
7of sentence under this section.
8DIVISION VI
9parole and work release
10 Sec. 19. Section 906.4, subsection 1, Code 2022, is amended
11to read as follows:
121. A parole or work release shall be ordered only for
13the best interest of society, any victim of the person, and
14the offender person, not as an award of clemency. The board
15shall release on parole or work release any person whom it
16has the power to so release, only when in its opinion there
17is reasonable a significant probability that the person can
18be released without detriment to the community, any victim
19of the person, or to the person. A person’s release is not
20a detriment to the community, any victim of the person,
21 or the person if the person is able and willing to fulfill
22the obligations of a law-abiding citizen, in the board’s
23determination.
24 Sec. 20. Section 906.5, subsection 1, paragraph a, Code
252022, is amended to read as follows:
26a. The board shall establish and implement a plan by which
27the board systematically reviews the status of each person who
28has been committed to the custody of the director of the Iowa
29department of corrections and considers the person’s prospects
30for parole or work release. The board shall, at least annually
31shall but no more frequently than every six months, review
32the status of a person other than a class “A” felon, a class
33“B” felon serving a sentence of more than twenty-five years,
34or a felon serving an offense punishable under section 902.9,
35subsection 1, paragraph “a”, or a felon serving a mandatory
-12-1minimum sentence other than a class “A” felon, and provide
2the person with notice of the board’s parole or work release
3decision.
4 Sec. 21. Section 906.5, subsection 1, Code 2022, is amended
5by adding the following new paragraph:
6 NEW PARAGRAPH. c. The board shall require that all parole
7hearings be recorded and maintained as public records under
8chapter 22 for a minimum of three years from the date of the
9hearing or the most recent release of an inmate on parole.
10 Sec. 22. Section 906.5, subsection 2, Code 2022, is amended
11to read as follows:
122. It is the intent of the general assembly that the board
13shall implement a plan of early release in an effort to assist
14in controlling the prison population and assuring prison
15space for the confinement of offenders whose release would be
16detrimental to the citizens of this state to ensure that parole
17or work release is only ordered when in the best interest of
18society, any victim of the person, and the person. The board
19shall report to the legislative services agency on a monthly
20basis concerning the implementation of this plan and the number
21of inmates paroled pursuant to this plan and the average length
22of stay of those paroled.
23DIVISION VII
24Crime victims — rights
25 Sec. 23. Section 915.11, subsection 1, Code 2022, is amended
26to read as follows:
271. a. A local police department or county sheriff’s
28department shall advise a victim of the right to
29register with the county attorney, and shall provide a
30request-for-registration form to each victim. A local police
31department or county sheriff’s department shall provide a
32telephone number and internet site to each victim to register
33with the automated victim notification system established
34pursuant to section 915.10A.
35b. A local police department or county sheriff’s department
-13-1shall provide a victim with a pamphlet explaining the victim’s
2rights as a victim of a public offense or delinquent act.
3 Sec. 24. Section 915.20, Code 2022, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 1A. A local police department or county
6sheriff’s department shall provide to the crime victim
7assistance division of the department of justice with the
8contact information for a victim of a public offense or
9delinquent act. A victim counselor shall contact a victim to
10determine whether the victim is in need of further assistance
11from the victim counselor or whether the victim has any
12questions regarding the person’s rights as a victim.
13 Sec. 25. Section 915.38, Code 2022, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 3A. a. It is the public policy of the
16state that statements made by children to forensic interviewers
17at child advocacy centers and child protection centers are
18presumptively reliable and should be admitted into evidence in
19the courts.
20b. Notwithstanding any other provision of law, the court
21shall upon motion of a party admit a recorded statement of a
22child as defined in section 702.5, if all of the following
23apply:
24(1) The recorded statement describes conduct that violates
25chapter 709 or describes circumstances relevant to such
26conduct.
27(2) The recorded statement was obtained by a forensic
28interviewer employed by an accredited child advocacy center or
29child protection center.
30(3) The interview was conducted substantially in accordance
31with a nationally recognized protocol for interviewing
32children.
33(4) The recorded statement is offered in a criminal
34proceeding, the opposing party was given at least ten days’
35notice prior to the trial commencing of the intention to admit
-14-1the recorded statement, and any of the following apply:
2(a) The child testifies at trial.
3(b) The child has been questioned by the defendant or the
4defendant’s attorney at a deposition or at any substantially
5similar setting.
6(c) The child is unavailable as a witness as provided in
7rule of evidence 5.804(a).
8(d) The court finds by a preponderance of the evidence that
9the child would suffer significant emotional or psychological
10trauma from testifying in the personal presence of the
11defendant at the time of the criminal proceeding.
12c. A court may deny the admission of a recorded statement
13under this section only if the party opposing the admission
14proves by clear and convincing evidence that the recorded
15statement is unreliable.
16d. Portions of a recorded interview admitted pursuant to
17this section may be redacted under the following circumstances:
18(1) By agreement of the parties.
19(2) By order of the court, if the court finds by a
20preponderance of the evidence that redaction is necessary to
21either:
22(a) Minimize embarrassment or trauma to the child.
23(b) Effectuate a provision of the rules of evidence other
24than the rules against hearsay.
25 Sec. 26. NEW SECTION. 915.44A Limitation of evidence in
26sexual abuse cases.
27A defendant charged with a criminal offense for sexual
28abuse under chapter 709 or who has filed an application for
29postconviction relief upon conviction for a sexual offense
30under chapter 709 shall be precluded from questioning any
31victim regarding evidence which is inadmissible under rule
32of evidence 5.412. Prohibited evidence includes all of the
33following:
341. Reputation or opinion evidence of a victim offered to
35prove that a victim engaged in other sexual behavior.
-15- 12. Evidence of a victim’s other sexual behavior other than
2reputation or opinion evidence.
3 Sec. 27. COMMISSION ON CONTINUING LEGAL EDUCATION —
4CONTINUING LEGAL EDUCATION REQUIREMENTS. The commission on
5continuing legal education shall amend Iowa court rule 42.2 to
6require all attorneys licensed in this state complete a minimum
7of one hour, annually, of continuing legal education that
8focuses on crime victims and how to improve a crime victim’s
9experience within the criminal justice system.
10DIVISION VIII
11Discovery
12 Sec. 28. NEW SECTION. 821A.1 Subpoenas in criminal actions.
131. A criminal defendant or counsel acting on the defendant’s
14behalf shall not issue any subpoena for documents or other
15evidence except upon application to the court. Such an
16application shall not be granted unless a defendant proves by a
17preponderance of the evidence all of the following:
18a. The evidence is material and necessary to prepare a
19defense.
20b. The defendant has made reasonable efforts to obtain the
21evidence without invoking compulsory process.
22c. The evidence is not available from any other source.
23d. For evidence that is obtainable by the state only through
24the execution of a search warrant, the defendant must show
25probable cause that the information sought contains exculpatory
26information that is not available from any other source and
27that there is a compelling need for the evidence to enable the
28defendant to present a defense at trial.
292. This section is the exclusive mechanism for a criminal
30defendant or counsel acting on the defendant’s behalf to issue
31a subpoena for documents or other evidence.
323. An application made pursuant to this section shall not
33be filed ex parte.
344. This section shall not apply to a subpoena issued solely
35to secure the presence of a witness listed in the minutes of
-16-1testimony at deposition or to secure the presence of a witness
2listed in either the minutes of testimony or in the defendant’s
3witness list at a hearing or trial.
45. The prosecuting attorney shall not be required to execute
5or effectuate any order or subpoena issued pursuant to this
6section.
76. If any documents or evidence are obtained pursuant to
8this section, the criminal defendant or counsel acting on the
9defendant’s behalf must notify the prosecuting attorney within
10twenty-four hours of obtaining the documents or evidence. The
11documents or evidence received, or copies of the same, must be
12provided to the prosecuting attorney as soon as possible.
137. Evidence or documents obtained by a subpoena that does
14not comply with this section shall not be admissible in any
15criminal action if offered by the defendant.
168. Any person who knowingly issues a subpoena that does not
17comply with this section may be declared in contempt of court.
189. Nothing in this section shall eliminate or reduce a
19criminal defendant’s obligation to comply with section 622.10,
20subsection 4, when seeking privileged records.
2110. Any provision of law or rule of court promulgated by the
22supreme court that is inconsistent with this section shall have
23no legal effect.
24 Sec. 29. NEW SECTION. 821A.2 Discovery depositions in
25criminal actions — witness lists.
261. Discovery depositions shall not be permitted in any
27criminal action, except upon application to the court and a
28showing of exceptional circumstances.
292. A criminal defendant must file a witness list when the
30defendant requests or receives any discretionary discovery, the
31date when any deposition is taken, or ten days before trial,
32whichever date is earliest. If the defendant fails to timely
33list a witness, the court shall prohibit the witness from
34testifying at trial absent good cause shown for the defendant’s
35failure to timely list the witness.
-17-1DIVISION IX
2Postconviction relief and discovery procedure
3 Sec. 30. Section 822.7, Code 2022, is amended to read as
4follows:
5822.7 Court to hear application.
6The application shall be heard in, and before any judge
7of the court in which the conviction or sentence took place.
8However, if the applicant is seeking relief under section
9822.2, subsection 1, paragraph “f”, the application shall be
10heard in, and before any judge of the court of the county
11in which the applicant is being confined. A record of the
12proceedings shall be made and preserved. All rules and
13statutes applicable in civil proceedings including pretrial
14and discovery procedures are available to the parties, subject
15to the restrictions contained in section 822.7A. The court
16may receive proof of affidavits, depositions, oral testimony,
17or other evidence, and may order the applicant brought before
18it for the hearing. If the court finds in favor of the
19applicant, it shall enter an appropriate order with respect to
20the conviction or sentence in the former proceedings, and any
21supplementary orders as to rearraignment, retrial, custody,
22bail, discharge, correction of sentence, or other matters that
23may be necessary and proper. The court shall make specific
24findings of fact, and state expressly its conclusions of law,
25relating to each issue presented. This order is a final
26judgment.
27 Sec. 31. NEW SECTION. 822.7A Postconviction relief —
28discovery.
29This chapter is intended to provide a limited scope of
30discovery that is no broader than what is afforded to a
31defendant in a criminal action. Notwithstanding any other
32statute, rule, or law, the following limitations on discovery
33and procedure shall apply to a claim for postconviction relief
34under this chapter.
351. An applicant may conduct discovery only by order of the
-18-1court to be granted upon a showing that the information sought
2is reasonably calculated to lead to the discovery of admissible
3evidence to support or defeat a claim that is adequately
4pled in the application and, if taken as true, constitutes a
5colorable claim for relief.
62. An applicant shall not be permitted to depose or
7otherwise conduct discovery upon the victim, as defined in
8section 915.10, of the underlying public offense, unless the
9applicant proves all of the following by clear and convincing
10evidence:
11a. The evidence is necessary to prove the applicant
12is innocent of the underlying public offense and all
13lesser-included offenses.
14b. The information is not available from any other source.
15c. Contact with a victim is minimized by limitations on
16the method of discovery including in camera review, remote
17testimony, or allowing a victim to provide a written statement
18in lieu of testimony.
193. The attorney-client privilege contained in section
20622.10 shall be absolute, except that the filing of an
21application shall waive any privilege an applicant may claim
22regarding an attorney who represented the applicant in the
23underlying criminal action or any previous postconviction
24action.
254. Evidence that would be excluded in a criminal action
26pursuant to rule of evidence 5.412 shall not be discoverable or
27admissible in a postconviction action.
285. The state shall not be required to produce copies of
29discovery that was previously disclosed to an applicant in the
30underlying criminal action or a previous postconviction relief
31action or which the applicant was in possession of in the
32underlying criminal action or a previous postconviction action.
336. The state shall not be required to produce any discovery
34contained in a court file accessible to the applicant.
357. The state shall not be required to produce any discovery
-19-1that cannot be lawfully disseminated or that is otherwise
2confidential by law.
38. An applicant shall not be permitted to conduct discovery
4or seek the appointment of an expert witness through ex parte
5communication or in camera review.
6DIVISION X
7Required reports to the general assembly
8 Sec. 32. NEW SECTION. 602.6204 Reporting requirement.
9Each district judge shall submit to the governor and to the
10general assembly, not later than December 15 each year, an
11annual report which shall include all of the following:
121. The number of deferred judgments, deferred sentences,
13and suspended sentences the court entered, including the
14criminal offenses involved, during the previous year.
152. The number of defendants who received deferred
16judgments, deferred sentences, and suspended sentences during
17the previous year.
183. The number of cases where the court pronounced judgment
19and imposed sentence after a defendant failed to comply with
20the conditions set by the court for a deferred judgment or
21deferred sentence.
224. The number of cases where the court revoked a suspended
23sentence after a defendant failed to comply with conditions set
24by the court.
255. The types of violations by a defendant of the conditions
26imposed by the court that resulted in the court pronouncing
27judgment and imposing sentence or revoking a suspended sentence
28of a defendant. The report shall include information on
29whether the violations were technical violations, due to the
30commission of a new crime, or due to any other reason.
31 Sec. 33. NEW SECTION. 904.103A Recidivism — annual report.
321. The department, in cooperation with the board of parole,
33shall submit to the governor and to the general assembly, not
34later than December 15 each year, an annual report detailing
35the recidivism rate in the state specifically for the violent
-20-1and sexual criminal offenses contained in section 902.12.
22. The report shall include, at a minimum, all of the
3following:
4a. The rate of recidivism, including the percentage and
5number of offenders who committed another crime within three
6years of being released from the custody of the department.
7b. The percentage and number of offenders paroled or placed
8on probation who violate the conditions of the offender’s
9release and are reincarcerated including information regarding
10offenders who were returned for technical violations, and those
11who were returned for the commission of a new crime.
12c. Whether there were victims involved in the crimes
13committed while an offender was paroled or on probation,
14and whether any of the victims were previous victims of the
15offender.
16d. The types of offenses that caused the offender to be
17returned to the custody of the department.
18e. The type of release that preceded the offender’s return
19to the custody of the department.
20f. The number of hearings the board of parole held before
21the release of an offender who subsequently violated the
22conditions of release and who was subsequently returned to the
23custody of the department.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to criminal law, including the disclosure
28of a defendant’s privileged records in a criminal action,
29permanent no-contact orders, penalties for domestic abuse
30assault, limitations on criminal actions involving certain
31sexual offenses, criminal sentencing and corrections, parole
32and work release, crime victim rights, discovery in criminal
33actions, postconviction relief procedure, and certain reporting
34requirements, and makes penalties applicable.
35DIVISION I — COMMUNICATIONS IN PROFESSIONAL CONFIDENCE —
-21-1CRIMINAL ACTIONS. The bill defines “exculpatory information”
2for purposes of a defendant seeking access to privileged
3records in a criminal action to mean only information that
4tends to negate the guilt of the defendant and not information
5that is merely impeaching or is substantially cumulative in
6nature.
7DIVISION II — PERMANENT NO-CONTACT ORDERS — MODIFICATION
8— REINSTATEMENT — CONVERSION — APPELLATE REVIEW. Current
9law under Code section 664A.5 provides that if a defendant
10is convicted of, receives a deferred judgment for, or pleads
11guilty to Code section 708.2A (domestic abuse assault), 708.7
12(harassment), 708.11 (stalking), 709.2 (sexual abuse in the
13first degree), 709.3 (sexual abuse in the second degree), or
14709.4 (sexual abuse in the third degree), the court shall
15either terminate or modify the temporary no-contact order
16issued by the magistrate. The court may enter a no-contact
17order or continue the no-contact order already in effect for
18a period of five years from the date the judgment is entered
19or the deferred judgment is granted, regardless of whether the
20defendant is placed on probation.
21The bill provides that a permanent no-contact order issued
22for the offenses listed in Code chapter 664A.5 may be modified
23or dissolved upon application by the victim to the district
24court subject to all of the following: the application may be
25filed by the victim, a victim counselor, the victim’s attorney,
26or the prosecuting attorney; the prosecuting attorney shall
27be notified of the application if filed by the victim; and
28the prosecuting attorney shall be given the opportunity to be
29heard at a hearing prior to the modification or dissolution
30of the no-contact order. If a hearing is held, the victim
31may appear electronically, in person, in writing, through a
32victim counselor, through the victim’s attorney, or through
33the prosecuting attorney; the victim shall not be subject to
34cross-examination by the defendant but may be questioned by the
35prosecuting attorney under such conditions as the court may
-22-1impose; and the defendant shall not have the right to appear
2in person but may be compelled to appear by the court when
3appropriate.
4The bill provides that a permanent no-contact order entered
5by the court may be modified or dissolved upon application by
6the defendant to the district court if all of the following
7apply: the application is verified; the application is
8served upon the prosecuting attorney for the county in which
9the defendant principally resides; the application is served
10upon the prosecuting attorney in any county in which the
11defendant has been convicted of an offense requiring entry of
12a no-contact order; prior to disposition of an application,
13the prosecuting attorney notifies the victim, if the victim’s
14address is known, and provides the victim the opportunity to
15be heard; five or more years have passed since the discharge
16of the sentence for the offense resulting in the issuance
17of the no-contact order including any special sentence; the
18defendant is not incarcerated for any offense at the time the
19application is filed; and the defendant has not been convicted
20of any new indictable offense since the imposition of the
21permanent no-contact order. The bill provides the procedure
22for a court considering an application by the defendant to
23modify or dissolve a permanent no-contact order. A district
24court shall not modify or dissolve a permanent no-contact order
25unless the district court makes a written finding that the
26defendant no longer presents a danger to the victim and that
27the modification or dissolution is in the interest of justice.
28The bill provides that upon the filing of an application by
29the victim, a victim counselor, the victim’s attorney, or the
30prosecuting attorney, the court shall reinstate any permanent
31no-contact order that expired because it was not extended
32pursuant to Code section 664A.8, Code 2022. A no-contact order
33issued prior to July 1, 2022, that is reinstated under the
34bill shall by governed by Code section 664A.5 as modified in
35the bill. The court shall presume that the offender continues
-23-1to present a danger to the victim and that reinstating an
2expired no-contact order is in the interest of justice. The
3court shall only deny an application to reinstate an expired
4no-contact order if the district court makes written findings
5that the defendant no longer presents a danger to the victim
6and that denying the request is in the interest of justice.
7The bill provides that a five-year no-contact order entered
8prior to July 1, 2022, that has not expired as of July 1, 2022,
9may be converted into a permanent no-contact order as if the
10order was entered after July 1, 2022, upon application by the
11victim, a victim counselor, the victim’s attorney, or the
12prosecuting attorney.
13The bill provides that the provisions of Code chapter
14664A are the only means by which a party may seek to modify
15a no-contact order. Appellate review of an order granting
16or denying a modification or dissolution of a no-contact
17order shall be by writ of certiorari and such an order is not
18appealable as a matter of right.
19The bill makes certain legislative findings relating to the
20reinstatement of expired no-contact orders.
21The bill repeals Code section 664A.8 (extension of
22no-contact order).
23DIVISION III — DOMESTIC ABUSE ASSAULT PENALTIES. The bill
24eliminates current law that provides that a conviction for,
25deferred judgment for, or plea of guilty to, a violation of
26Code section 708.2A (domestic abuse assault) which occurred
27more than 12 years prior to the date of the violation charged
28shall not be considered in determining that the violation
29charged is a second or subsequent offense.
30DIVISION IV — LIMITATION OF CRIMINAL ACTIONS INVOLVING
31CERTAIN SEXUAL OFFENSES. The bill adds the following offenses
32to the list of offenses committed on or with a person under
33the age of 18 that may be commenced at any time: continuous
34sexual abuse of a child in violation of Code section 709.23;
35kidnapping in the first degree when the person kidnapped, and
-24-1as a consequence of the kidnapping, is intentionally subjected
2to sexual abuse in violation of Code section 710.2; and
3burglary in the first degree involving the performance of a sex
4act in violation of Code section 713.3(1)(d).
5DIVISION V — CRIMINAL SENTENCING AND CORRECTIONS. The
6bill provides that prior to imposing sentence, the court shall
7ask any victim physically present at the sentencing whether
8the victim or a representative of the victim has been informed
9by the prosecuting attorney or a designee of the prosecuting
10attorney of the status of the case and of the prosecuting
11attorney’s recommendation for sentencing.
12The bill provides that if a person is sentenced for two or
13more separate offenses contained in Code section 902.12(1)
14(minimum sentences for certain felony and misdemeanor
15offenses), and one or more of the convictions is for an offense
16under Code chapter 709 (sexual abuse) or 710 (kidnapping and
17related offenses), the sentencing judge shall require that the
18sentences be served consecutively.
19The bill provides minimum sentences for any person convicted
20of a felony contained in Code section 902.12, and who did
21not receive a deferred judgment or a deferred or suspended
22sentence, if not otherwise prescribed by another statute, as
23follows: a person convicted of a class “B” felony shall be
24confined for no less than one year; a person convicted of a
25class “C” felony shall be confined for no less than two months;
26and a person convicted of a class “D” felony shall be confined
27for no less than one month.
28Current law requires that a person shall be denied parole or
29work release unless the person has served at least seven-tenths
30of the maximum term of the person’s sentence for the most
31serious felonies. The bill provides that a person convicted
32of certain felonies on or after July 1, 2023, except for a
33violation classified as a class “A” felony, shall be denied
34parole or work release unless the person has served at least
35nine-tenths of the maximum term of the person’s sentence.
-25-1Felonies requiring a person to serve nine-tenths of the
2maximum term of the person’s sentence include homicide or a
3related crime (Code chapter 707); assault (Code chapter 708);
4terrorism (Code chapter 708A); sexual abuse (Code chapter 709);
5kidnapping and related offenses (Code chapter 710); human
6trafficking except for a violation of Code section 710A.2A
7(Code chapter 710A); robbery, aggravated theft, or extortion
8(Code chapter 711); arson (Code chapter 712); burglary, except
9for a violation of Code section 713.7 (Code chapter 713);
10criminal gang participation or gang recruitment (Code chapter
11723A); and obscenity (Code chapter 728).
12The bill provides that the minimum sentence for any person
13convicted of a misdemeanor contained in Code section 902.12,
14and who did not receive a deferred judgment or a deferred or
15suspended sentence, if not otherwise prescribed by another
16statute, shall be as follows: a person convicted of an
17aggravated misdemeanor shall be confined for no less than 14
18days, a person convicted of a serious misdemeanor shall be
19confined for no less than 7 days, and a person convicted of a
20simple misdemeanor shall be confined for no less than 2 days.
21The bill provides that for earned time purposes, sentences
22for attempted murder described in Code section 707.11(5)
23(attempt to commit murder of a peace officer), and sentences
24for any of the offenses described in Code section 902.12(1)
25(minimum sentences for certain felonies), shall be classified
26as category “C” sentences. An inmate serving a category “C”
27sentence is ineligible for a reduction of sentence under Code
28section 903A.2.
29DIVISION VI — PAROLE AND WORK RELEASE. Current law provides
30that parole or work release shall be ordered by the board of
31parole only for the best interest of society and the offender,
32and only when there is a reasonable probability that the person
33can be released without detriment to the community or the
34person. The bill requires that any parole or work release
35must be in the best interest of society, of any victim of the
-26-1person, and the person, and only when the board of parole
2determines there is a significant probability that the person
3can be released without detriment to any victim of the person.
4The bill provides that the board of parole shall, at least
5annually but no more frequently than every 6 months, review
6the status of a person other than a class “A” felon, a class
7“B” felon serving a sentence of more than 25 years, a felon
8serving an offense punishable under Code section 902.9(1)(a)
9(conspiracy to manufacture for delivery or delivery or intent
10or conspiracy to deliver amphetamine or methamphetamine to a
11minor), or a felon serving a mandatory minimum sentence other
12than a class “A” felon, and shall provide the person with
13notice of the board’s parole or work release decision.
14The bill provides that the board of parole shall require
15that all parole hearings be recorded and maintained as a public
16record under Code chapter 22 for a minimum of three years from
17the date of the hearing or the most recent release of an inmate
18on parole.
19The bill provides that it is the intent of the general
20assembly that the board of parole shall implement a plan of
21early release to ensure that parole or work release is only
22ordered when it is in the best interest of society, any victim
23of the person, and the person.
24DIVISION VII — CRIME VICTIMS — RIGHTS. The bill provides
25that a local police department or county sheriff’s department
26shall provide a victim with a pamphlet explaining the victim’s
27rights as a victim of a public offense or delinquent act.
28The bill requires that a local police department or county
29sheriff’s department shall provide to the crime victim
30assistance division of the department of justice contact
31information for a victim of a public offense or delinquent act.
32A victim counselor shall contact a victim to determine whether
33the victim is in need of further assistance from the victim
34counselor or whether the victim has any questions regarding the
35person’s rights as a victim.
-27- 1The bill provides that it is the public policy of the state
2that statements made by children to forensic interviewers
3at child advocacy centers and child protection centers are
4presumptively reliable and should be admitted into evidence
5in the courts. Notwithstanding any other provision of law,
6a court shall admit a recorded statement into evidence upon
7motion by a party if the statement is made by a child under
8the age of 14 years; the recorded statement describes conduct
9that violates Code chapter 709 (sexual abuse); the recorded
10statement was obtained by a forensic interviewer employed by an
11accredited child advocacy center or child protection center;
12the interview was conducted substantially in accordance with a
13nationally recognized protocol for interviewing children; and
14if the recorded statement is offered in a criminal proceeding,
15the opposing party was given at least 10 days’ notice of
16the intention to admit the recorded statement and the child
17testifies at trial or the child has been questioned by the
18defendant or the defendant’s attorney at a deposition or any
19substantially similar setting, the child is unavailable, and
20the court finds by a preponderance of the evidence that the
21child would suffer significant emotional or psychological
22trauma from testifying in the personal presence of the
23defendant at the time of the criminal proceeding.
24The bill provides that a court may deny admission of a
25recorded statement only if the party opposing admission proves
26by clear and convincing evidence that the recorded statement is
27unreliable. Portions of a recorded statement may be redacted
28by agreement of the parties, by order of the court, or if the
29court finds by a preponderance of the evidence that redaction
30is necessary to either minimize embarrassment or trauma to the
31child or to effectuate a provision of the rules of evidence
32other than the rules against hearsay.
33The bill provides that a defendant charged with a criminal
34offense for sexual abuse or who has filed an application for
35postconviction relief after conviction for sexual abuse shall
-28-1be precluded from questioning any victim regarding evidence
2which is inadmissible under Iowa rule of evidence 5.412
3(victim’s past sexual behavior in sexual abuse cases). Such
4prohibited evidence includes reputation or opinion evidence of
5a victim offered to prove that a victim engaged in other sexual
6behavior and evidence of a victim’s other sexual behavior other
7than reputation or opinion evidence.
8The bill directs the commission on continuing legal
9education to amend Iowa court rule 42.2 (continuing legal
10education requirements for licensed attorneys) to require that
11all attorneys licensed in this state complete a minimum of one
12hour, annually, of continuing legal education that focuses on
13crime victims and how to improve a crime victim’s experience
14within the criminal justice system.
15DIVISION VIII — DISCOVERY. The bill provides that a
16criminal defendant or counsel acting on the defendant’s
17behalf shall not issue any subpoena for documents or other
18evidence except upon application to the court. Such an
19application shall not be granted unless a defendant proves by
20a preponderance of the evidence all of the following: the
21evidence is material and necessary to prepare a defense; the
22defendant has made reasonable efforts to obtain the evidence
23without invoking compulsory process; the evidence is not
24available from any other source; and for evidence that is
25obtainable by the state only through the execution of a search
26warrant, the defendant must show probable cause that the
27information sought contains exculpatory information that is not
28available from any other source and that there is a compelling
29need for the evidence to enable the defendant to present a
30defense at trial. The bill shall not apply to a subpoena
31issued solely to secure the presence of a witness listed in the
32minutes of testimony at deposition or to secure the presence
33of a witness listed in either the minutes of testimony or
34in the defendant’s witness list at a hearing or trial. If
35any documents or evidence are obtained pursuant to the bill,
-29-1the criminal defendant or counsel acting on the defendant’s
2behalf must notify the prosecuting attorney within 24 hours of
3obtaining the documents or evidence. The documents or evidence
4received, or copies, must be provided to the prosecuting
5attorney as soon as possible. Evidence or documents obtained
6by a subpoena that do not comply with the bill shall not be
7admissible in any criminal action if offered by the defendant.
8The bill shall not eliminate or reduce a criminal defendant’s
9obligation to comply with Code section 622.10(4) (disclosure of
10privileged records in a criminal action to a defendant) when
11seeking privileged records.
12The bill provides that discovery depositions shall not
13be permitted in any criminal action, except upon application
14to the court and a showing of exceptional circumstances. A
15criminal defendant must file a witness list when the defendant
16requests or receives any discretionary discovery, the date when
17any deposition is taken, or 10 days before trial, whichever
18date is earliest. If the defendant fails to timely list a
19witness, the court shall prohibit the witness from testifying
20at trial absent good cause shown for the defendant’s failure to
21timely list the witness.
22DIVISION IX — POSTCONVICTION RELIEF AND DISCOVERY
23PROCEDURE. The bill provides that all rules and statutes
24applicable in civil proceedings are available to the parties
25in a postconviction relief action subject to the restrictions
26contained in new Code section 822.7A in the bill.
27The bill provides that Code chapter 822 (postconviction
28relief procedure) is intended to provide a limited scope
29of discovery that is no broader than what is afforded to a
30defendant in a criminal action. The following limitations
31on discovery and procedure shall apply to any postconviction
32relief action under Code chapter 822: an applicant may conduct
33discovery only by order of the court to be granted upon a
34showing that the information sought is reasonably calculated
35to lead to the discovery of admissible evidence to support
-30-1or defeat a claim that is adequately pled in the application
2and, if taken as true, makes a colorable claim for relief; an
3applicant shall not be permitted to depose or otherwise conduct
4discovery involving a victim unless the applicant proves that
5the evidence is necessary to prove the applicant is innocent of
6the underlying public offense and all lesser-included offenses,
7the information is not available from any other source, and
8contact with a victim is minimized by limitations on the method
9of discovery; the confidential communication privilege shall
10be absolute, except that the filing of an application waives
11any privilege the applicant may claim regarding an attorney who
12represented the applicant in the underlying criminal action or
13any previous postconviction application; evidence that would
14be excluded in a criminal action pursuant to Iowa rule of
15evidence 5.412 shall not be discoverable or admissible in a
16postconviction relief action; the state shall not be required
17to produce copies of discovery that was previously disclosed to
18an applicant in the underlying criminal action or a previous
19postconviction relief action or which was possessed by the
20applicant in the underlying criminal action or a previous
21postconviction relief action; the state shall not be required
22to produce any discovery contained in a court file accessible
23to the applicant; the state shall not be required to produce
24any discovery that cannot lawfully be disseminated or that is
25otherwise made confidential by law; and an applicant shall not
26be permitted to conduct discovery or seek the appointment of
27an expert witness through ex parte communication or in camera
28review.
29DIVISION X — REQUIRED REPORTS TO THE GENERAL ASSEMBLY.
30 The bill provides that each district judge shall submit to
31the governor and to the general assembly, not later than
32December 15 each year, an annual report which includes all of
33the following: the number of deferred judgments, deferred
34sentences, and suspended sentences the court entered, including
35the criminal offenses involved, during the previous year; the
-31-1number of defendants who received deferred judgments, deferred
2sentences, and suspended sentences during the previous year;
3the number of cases where the court pronounced judgment and
4imposed sentence after a defendant failed to comply with
5the conditions set by the court for a deferred judgment or
6deferred sentence; the number of cases where the court revoked
7a suspended sentence after a defendant failed to comply with
8conditions set by the court; and the types of violations by a
9defendant of the conditions imposed by the court that resulted
10in the court pronouncing judgment and imposing sentence or
11revoking a suspended sentence. Included in the report shall
12be whether the violations were technical violations, the
13commission of a new crime, or any other reason.
14The bill provides that the department of corrections, in
15cooperation with the board of parole, shall submit to the
16governor and to the general assembly, not later than December
1715 each year, an annual report detailing the recidivism rate
18in the state for the violent and sexual criminal offenses
19contained in Code section 902.12. The report shall include,
20at a minimum, the rate of recidivism within three years of an
21offender being released from the custody of the department;
22the percentage and number of offenders paroled or placed
23on probation who violate the conditions of release and are
24reincarcerated; whether there were victims involved in the
25crimes committed while an offender was paroled or on probation,
26and whether any of the victims were previous victims of the
27offender; the types of offenses that caused the offender to be
28returned to the custody of the department; the type of release
29that preceded the offender’s return to the custody of the
30department; and the number of hearings the board of parole held
31before the release of an offender who subsequently violated the
32conditions of release and was then returned to the custody of
33the department.
-32-as/rh